Areas of practice

Wills, Probate and Inheritance

People living longer, second marriages, cohabitation, widespread home ownership and house price inflation mean that disputes about wills and home ownership are more common. Is the will valid? What are the assets? Has reasonable financial provision been made? What should the executors do? We regularly advise and litigate on these issues.

Resulting and constructive trusts need to be resolved when partners and families separate, and on death. We can help with all of these and get a freezing injunction to prevent the dispersal or export of assets.

We can help you with

Testamentary capacity, including temporary incapacity, Alzheimer’s and poisoning of affections

Undue influence by carers, friends and family

Setting aside gifts

Establishing beneficial ownership of assets

Inheritance Act claims by spouses, second spouses, partners, children and dependents

Constructive and resulting trusts

Construction of trusts

Forgery and fraud

Scientific proof of kinship.

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Case studies

Wills, probate & inheritance 1

Sarah and her brother Barry have an elderly mother, Mary. Mary begins to suffer from dementia. She tears up her old will and writes a new one, giving everything to a home for unwanted cats, instead of Sarah and Barry. The will is witnessed by the manager of the cats’ home. Mary appoints Barry, who has been to prison, as executor. Mary then gives an enduring power of attorney to a new neighbour. The neighbour takes a valuable antique which she says was a gift from Mary. Mary dies.

Sarah wants to know if the new will and the power of attorney and the gift are valid or not because of Mary’s dementia or pressure on her. And would like to know who has the right to sort out her estate? Barry says he does not need Sarah’s agreement to remove things from the house as he has been appointed as executor. Can he be stopped? Will she have to go to court? Sarah feels that she doesn’t understand enough about the law and what rights she has. She instructs a barrister directly to advise on how to proceed. Sarah, who has already written a short history of recent events and has a letter from Mary’s G.P., is asked to send the documents, including copies of the will, the power of attorney and the death to chambers for the barrister to review. The barrister sends her a written Advice, explaining what she needs to do next and advice on the letters she needs to write. Based on that advice Sarah writes the relevant letters. Sarah asks the barrister for further advice when she receives replies to her letters and actions the advice she is given. Barry agrees not to be involved in the execution of the will and the neighbour returns the valuable antique. Finally, the cats’ home accepts that Mary’s new will is not valid.

BARRISTERS IN THIS AREA

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